Author Archives: rjylaw

GOVERNOR NEWSOM SIGNS SB 1159 INTO LAW: HERE IS WHAT IT MEANS FOR WORKERS’ COMPENSATION

The pandemic continues to affect our region. The California Department of Public Health (CDPH) reports that 831,225 cases of the COVID-19 virus have been confirmed in the state as of October 7, 2020. To help address the ongoing public health crisis, California Governor Gavin Newsom signed Senate Bill 1159 into law last month. The bill […]

COVID-19 PRESUMPTION IS HERE TO STAY

In order to provide our clients with the best possible and most up-to-date laws affecting workers’ compensation defense, the topic of the hour, or more appropriately deemed, the year, requires another update based on codification of Governor Gavin Newsom’s Executive Order of N-62-60 into law. Senate Bill 1159 enacts the COVID-19 presumption, signed into law […]

AFFIRMATIVE WORKERS’ COMPENSATION DEFENSE: CALIFORNIA LAW AND INTOXICATED EMPLOYEES

Workers’ compensation insurance provides no-fault benefits to people who were injured while on the job. An employer can be held responsible for a workplace injury even if the accident was not their fault. That being said, liability is not automatic. There are several affirmative defenses that employers and insurers can raise to deny coverage. An […]

CALIFORNIA WORKERS’ COMPENSATION DEFENSE: COMPROMISE AND RELEASE (C&R) VS. STIPULATION

An employer, administrator, or insurance company may want to settle a workers’ compensation claim. Before reaching an agreement, it is important to know the difference between the two main types of workers’ compensation settlement options. These options are a Compromise and Release (C&R) and a Stipulation. Here, our Fresno workers’ compensation defense lawyers explain the […]

UNINSURED EMPLOYERS FACE SERIOUS RISKS IN CALIFORNIA: HERE IS HOW A PROACTIVE APPROACH CAN HELP

As noted by the California Department of Industrial Relations, all employers in our state are required to carry workers’ compensation insurance as a matter of law. Companies and organizations that fail to comply with this requirement face significant liability risks—potentially including financial sanctions and criminal penalties. At Yrulegui & Roberts, we have extensive experience representing […]

WORKERS’ COMPENSATION: WHAT CONSTITUTES SERIOUS AND WILLFUL MISCONDUCT BY AN EMPLOYER?

In California, employers are legally required to provide workers’ compensation insurance for their employees. In most cases, a workers’ compensation claim is an injured employee’s sole legal claim against the company. However, there are some limited exceptions to the rule. Under California Labor Code section 4553, an employee or surviving dependent can seek additional compensation […]

NEARLY 15,000 WORKERS’ COMPENSATION CLAIMS FILED IN CALIFORNIA FOR COVID-19 EXPOSURE THROUGH JUNE 30, 2020

The coronavirus (COVID-19) continues to affect communities throughout the country. The California Department of Public Health reports that more than 525,000 COVID-19 cases have been confirmed in the state as of August 5, 2020. Despite sanitizing efforts, the virus may be transmitted almost anywhere, including in the workplace. Recently, the California Workers’ Compensation Institute (CWCI) […]

POST-TERMINATION DEFENSE AND THE CUMULATIVE TRAUMA CLAIM

by Ricky Halladay Have you ever received notice of a workers’ compensation claim by an injured worker after they were terminated from employment? This is not a unique situation, and in fact, occurs more often than one would think. Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination […]

UNINSURED EMPLOYER CLAIMS IN CALIFORNIA: KNOW THE RISK OF HIRING AN UNLICENSED CONTRACTOR

Under California state law, employers are required to obtain workers’ compensation insurance for their employees. The failure to do so could result in an employer facing stiff legal penalties. Among other things, a business or organization may be hit with civil damages, regulatory fines, additional penalty compensation, and potentially even criminal charges. Most business owners […]

HOW TO AVOID BEING STUCK IN A CONSTANT LOOP OF REPLACEMENT PANEL QME REQUESTS

Have you ever been stuck in a constant loop of replacement panel requests, one after another, ultimately causing significant delay in the discovery process? Nowadays, the panel QME process is almost inevitable in the handling of every workers’ compensation claims to resolve any and all disputed medical issues, particularly in cases where the applicant is […]